The cost of an eviction in Oregon for all filing, court, and service fees can vary heavily based on the type of court hearing and service fees. For cases filed in Circuit Court, the average cost is $391.
| Fee | Circuit |
| Initial Court Filing | $35 |
| Summons Service | ~$45+ |
| Court Hearing | $139+ |
| Writ of Execution Issuance | $47 |
| Writ of Execution Service | $45 |
| Writ of Execution Enforcement | $80+ |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Oregon, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Forcible Entry and Detainer”) with the court the following business day.
The filing fee for an initial Forcible Entry and Detainer is $88 [ttip number=’1′ icon=’popover-balance’] in Circuit Court.
2. Summons Service Fee
Once a Complaint is filed in Oregon, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff can charge $45 [ttip number=’2′ icon=’popover-balance’] for delivering a Summons; however, a private process server could charge more.
3. Court Hearing Fee
In Oregon, if there is an eviction court hearing in Circuit Court, there is a filing fee for the trial. The fee depends on the parties’ requests.[ttip number=’3′ icon=’popover-balance’]
Landlord’s court hearing fees include:
- $139 per day if a landlord requests a non-jury trial.
- $167 per day if a landlord requests a six-person jury.
- $250 per day if a landlord requests more than a six-person jury trial.
If a tenant requests a jury trial, the filling fees are as follows:
- Tenant requesting a six-person jury trial the fee is $167.
- Tenant requesting more than a six-person jury trial the fee is $250 per day.
4. Writ of Execution Issuance Fee
In Oregon, if the court rules in favor of the landlord, the court shall issue a Writ of Execution. The writ is the tenant’s final notice to vacate the premises. The landlord must pay the court clerk $47 [ttip number=’4′ icon=’popover-balance’] as an issuance fee for the writ.
5. Writ of Execution Service Fee
An Oregon sheriff must immediately serve the Writ of Execution and eviction trespass notice to the tenant. They may charge a service fee of $45. [ttip number=’5′ icon=’popover-balance’]
The writ shall be served to the tenant via first class mail and by personal delivery. The tenant will have 4 calendar days after being served to vacate the premises.
The notice period begins at 12:01 a.m. on the day after the writ is mailed. The notice period ends at 11:59 p.m. on the fourth calendar day after the notice is mailed, except if the fourth day is a Saturday, Sunday or legal holiday then the notice period shall end on the following judicial day.
6. Writ of Execution Enforcement Fee
In Oregon, if a tenant remains at the premises after the writ expires, a sheriff shall execute the writ by removing the tenant from the premises.
They can charge an enforcement fee of $80 plus [ttip number=’6′ icon=’popover-balance’] the costs of standing by in anticipation of securing custody of the property.
Once the tenant is removed from the property, lawful possession of the property shall be returned to the landlord.
Sources
- 1 OR Rev Stat § 105.130 (2021)
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(1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161, an action pursuant to ORS 105.110 shall be conducted in all respects as other actions in courts of this state.
(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:(a) Collect a filing fee of $88;
- 2 OR Rev Stat § 21.300 (2021)
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The sheriff of a county shall collect the following fees in civil actions, suits and proceedings for each case delivered to the office of the sheriff:
(a)$45 for serving a summons, a subpoena, a citation, an order, a notice, including notice of seizure and sale of personal or real property, a notice of restitution and notice of seizure under writ of attachment or execution or a similar document, - 3 OR Rev Stat § 21.225 (2021)
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(1) In any civil action, suit…in the circuit court, other than a protective proceeding under ORS chapter 125 or a probate, adoption or change of name proceeding, trial fees shall be collected as provided in this section.(2) The clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a trial fee of $139 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.
(3)(a) The clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a jury trial fee of $250 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a jury trial fee of $167 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial by jury. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.
- 4 OR Rev Stat 21.235 (2021)
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A circuit court shall collect a fee of $47 for issuing a writ of execution or a writ of garnishment…
- 5 OR Rev Stat § 21.300 (2021)
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The sheriff of a county shall collect the following fees in civil actions, suits and proceedings for each case delivered to the office of the sheriff:
(a)$45 for serving a …writ of attachment or execution or a similar document, including small claims or writ of execution… - 6 OR Rev Stat § 21.300 (2021)
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For seizure and sale of personal or real property, enforcement of writ of execution of judgment of restitution, or other enforcement or seizure under writ of attachment or execution, or other process or proceeding, $80, and, in addition, such sums as may be reasonable and necessary for the costs of standing by in anticipation of securing custody of the property
